Page:Petty 1851 The Down Survey.djvu/58

 doe lye, and according to the knowne bounds of each of them respectively, soe as the same may be certainly and distinctly knowne from other lands thereby, their qualities, quantities, names, scituations, parish, or place where the same doe lye, with their meares and bounds; the woods, boggs, and barren mountains belonging to the respective premisses being mentioned in such survey respectively.

2dly. That where any of the said parcells of forfeited lands surveyed or surrounded with the instrument by him, the said Dr Petty, shall exceed the number of acres due to any one officer or souldier for their respective arreares, that in all such cases the said William Petty doeth promise and undertake againe to subdivide or cause to be subdivided the said parcells, and actually to sett out the same into soe many other smaller parcells as shall be requisite particularly to satisfie each man his respective arreares without any readmeasurement.

3dly. The said William Petty doeth promise and undertake that noe one surround of any parcell of profitable forfeited land shall exceed fourty acres, where any knowne bounds, naturall, civill, or artificiall, may conduce to the making the said surround; provided that, unless in the aforesaid case for the setting out of a just number of acres, in order to the answering and putting into possession each particular officer and souldier into their respective proportions of lands, according to the arreares due to them, or for the admeasurement of some island in any river, logh, or bogg, itt is hereby expressly intended that the said William Petty be not required to make any one surround of less then fourty acres.

4thly. As touching the admeasurement of unprofitable lands: if the said unprofitable land shall lye mixed with or adjoyning unto lands profitable, in parcells less then five hundred acres, the said William Petty is to survey or cause to be surveyed distinctly by itselfe every such part of unprofitable land with the instrument, provided none of the said parcells containe less then fourty acres; but in case the said unprofitable land shall lye in parcells more then five hundred acres all intirely unprofitable, the said William Petty, surveying or causeing the said unprofitable land to be surveyed and surrounded with the instrument, according to its utmost bounds or limitts, as the same shall be bounded either by the barronies where the said unprofitable land shall respectively lye, or by some other parcells of land profitable, is not hereby obliged or tyed to admeasure the said unprofitable land into any other smaller or lesser parcells.